Senate Bill sb2798
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Florida Senate - 2003 SCR 2798
By Senator Atwater
25-1621A-03
1 Senate Concurrent Resolution No. ____
2 A concurrent resolution amending Joint Rules 4
3 and 5 and repealing Joint Rule 6 of the Joint
4 Rules of the Legislature.
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6 Be It Resolved by the Senate of the State of Florida, the
7 House of Representatives Concurring:
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9 That Joint Rules 4 and 5 of the Joint Rules of the
10 Legislature are amended and Joint Rule 6 of the Joint Rules of
11 the Florida Legislature is repealed:
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13 JOINT RULE FOUR
14 (As Amended April 1998)
15 JOINT LEGISLATIVE AUDITING COMMITTEE
16 4.1--Responsibilities
17 (1) On or before December 31 of the year following
18 each decennial census, the Legislative Auditing Committee
19 shall review the performance of the Auditor General and shall
20 submit a report to the Legislature which recommends whether
21 the Auditor General should continue to serve in office.
22 (2) The expenses of the members of the committee shall
23 be approved by the chair of the committee and paid from the
24 appropriation for legislative expense.
25 (3) The committee shall submit to the President of the
26 Senate and the Speaker of the House of Representatives, for
27 approval, an estimate of the financial needs of the committee,
28 the Office of Government Accountability Auditor General, and
29 the Office of Program Policy Analysis and Government
30 Accountability, and the Public Counsel.
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Florida Senate - 2003 SCR 2798
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1 (4) The committee and the units it oversees, including
2 the Office of Government Accountability Auditor General, the
3 Office of Program Policy Analysis and Government
4 Accountability, and the Public Counsel, shall submit their
5 budget requests and operating budgets to the President of the
6 Senate and the Speaker of the House of Representatives for
7 prior written approval by the presiding officers acting
8 together.
9 (5) The committee may receive requests for audits and
10 reviews from legislators. Staff of the committee shall review
11 each request and make a recommendation to the committee
12 concerning its disposition. The manner of disposition
13 recommended may be:
14 (a) Assignment to the Office of Government
15 Accountability Auditor General for inclusion in a regularly
16 scheduled agency audit;
17 (b) Assignment to the Office of Government
18 Accountability Auditor General for special audit or review;
19 (c) Assignment to the Office of Program Policy
20 Analysis and Government Accountability for inclusion in a
21 regularly scheduled performance audit;
22 (d) Assignment to the Office of Program Policy
23 Analysis and Government Accountability for special audit or
24 review;
25 (c)(e) Assignment to committee staff; or
26 (d)(f) Rejection as being an unnecessary or
27 inappropriate application of legislative resources.
28 (6) The committee may at any time, without regard to
29 whether the Legislature is in session, take under
30 investigation any matter within the scope of an audit either
31 completed or then being conducted by the Office of Government
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Florida Senate - 2003 SCR 2798
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1 Accountability Auditor General or the Office of Program Policy
2 Analysis and Government Accountability, and in connection with
3 such investigation may exercise the powers of subpoena by law
4 vested in a standing committee of the Legislature.
5 (7) The chair and alternating chair of the committee
6 shall be permitted to file legislation in their respective
7 chambers to implement recommendations made by the committee
8 concerning opportunities to improve management of entities
9 audited by the Office of Government Accountability.
10 Notwithstanding the Rules of the Florida Senate or the Rules
11 of the Florida House of Representatives, any legislation filed
12 by the chair or alternating chair on behalf of the committee
13 are not to be considered member bills or counted within the
14 limitation of member bills. The committee shall review the
15 performance of the director of the Office of Program Policy
16 Analysis and Government Accountability every 4 years and shall
17 submit a report to the Legislature recommending whether the
18 director should be reappointed. A vacancy in the office must
19 be filled in the same manner as the original appointment.
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21 JOINT RULE FIVE
22 Office of Government Accountability AUDITOR GENERAL
23 5.1--Rulemaking authority
24 The Office of Government Accountability Auditor General
25 shall make and enforce reasonable rules and regulations
26 necessary to facilitate audits that the Office of Government
27 Accountability he or she is authorized to perform.
28 5.2--Budget and accounting
29 (1) The Office of Government Accountability Auditor
30 General shall prepare and submit annually to the President of
31 the Senate and the Speaker of the House of Representatives for
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1 their joint approval a proposed budget for the ensuing fiscal
2 year.
3 (2) Within the limitations of the approved operating
4 budget, the salaries and expenses of the Office of Government
5 Accountability Auditor General and the staff of the Auditor
6 General shall be paid from the appropriation for legislative
7 expense or any other moneys appropriated by the Legislature
8 for that purpose. The Office of Government Accountability
9 Auditor General shall approve all bills for salaries and
10 expenses for his or her staff before the same shall be paid.
11 5.3--Audit report distribution
12 (1) A copy of each audit report shall be submitted to
13 the Governor, to the Chief Financial Officer Comptroller, and
14 to the officer or person in charge of the state agency or
15 political subdivision audited. One copy shall be filed as a
16 permanent public record in the Office of Government
17 Accountability the Auditor General. In the case of county
18 reports, one copy of the report of each county office, school
19 district, or other district audited shall be submitted to the
20 board of county commissioners of the county in which the audit
21 was made and shall be filed in the office of the clerk of the
22 circuit court of that county as a public record. When an audit
23 is made of the records of the district school board, a copy of
24 the audit report shall also be filed with the district school
25 board, and thereupon such report shall become part of the
26 public records of such board.
27 (2) A copy of each audit report shall be made
28 available to each member of the Legislative Auditing
29 Committee.
30 (3) The Office of Government Accountability Auditor
31 General shall transmit a copy of each audit report to the
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1 appropriate substantive and fiscal committees of the Senate
2 and House of Representatives.
3 (4) Other copies may be furnished to other persons
4 who, as in the opinion of the Office of Government
5 Accountability Auditor General, are directly interested in the
6 audit or who have a duty to perform in connection therewith.
7 (5) The Office of Government Accountability Auditor
8 General shall annually transmit by December 1 to the President
9 of the Senate, and the Speaker of the House of
10 Representatives, and the Legislative Auditing Committee, by
11 December 1 of each year, a list of statutory and fiscal
12 changes recommended by its audit reports. The recommendations
13 shall be presented in two reports categories: one report
14 addressing substantive law and policy issues and the other
15 report addressing fiscal budget issues. The Office of
16 Government Accountability shall also transmit specific
17 recommendations that require legislative action to the
18 appropriate substantive and fiscal committees. The Office of
19 Government Accountability shall include draft legislation and
20 recommended proviso, if necessary. The Auditor General may
21 also transmit recommendations at other times of the year when
22 the information would be timely and useful for the
23 Legislature.
24 (6) The Office of Government Accountability shall
25 annually transmit by December 1 to the Legislative Auditing
26 Committee a list of recommendations made by the office within
27 the previous 12 months concerning the management of entities
28 which should be brought to the attention of the Legislature.
29 The committee may conduct hearings concerning the
30 recommendations that were not implemented and take action as
31 appropriate.
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2 JOINT RULE SIX
3 OFFICE OF PROGRAM POLICY
4 ANALYSIS AND GOVERNMENT ACCOUNTABILITY
5 6.1--Responsibilities of the director
6 (1) The director may adopt and enforce reasonable
7 rules necessary to facilitate the studies, reviews, and
8 reports that the office is authorized to perform.
9 (2) The director shall prepare and submit annually to
10 the President of the Senate and the Speaker of the House of
11 Representatives for their joint approval the annual projected
12 work plan of the office in conjunction with a proposed
13 operating budget for the ensuing fiscal year.
14 (3) Within the monetary limitations of the approved
15 operating budget, the salaries and expenses of the director
16 and the staff of the Office of Program Policy Analysis and
17 Government Accountability shall be paid from the appropriation
18 for legislative expense or any other moneys appropriated by
19 the Legislature for that purpose. The director shall approve
20 all bills for salaries and expenses before the same shall be
21 paid.
22 (4) Within the monetary limitations of the approved
23 operating budget, the director shall make all spending
24 decisions, including entering into contracts on behalf of the
25 Office of Program Policy Analysis and Government
26 Accountability.
27 (5) The director shall transmit to the President of
28 the Senate and the Speaker of the House of Representatives, by
29 December 1 of each year, a list of statutory and fiscal
30 changes recommended by office reports. The recommendations
31 shall be presented in two categories: one addressing
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Florida Senate - 2003 SCR 2798
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1 substantive law and policy issues and the other addressing
2 budget issues. The director may also transmit recommendations
3 at other times of the year when the information would be
4 timely and useful for the Legislature.
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